Parking charge CCJ

[steveeasy]

Ive received a letter today telling me ive got a county court judgement for a parking fine.

It Transpires my mother registered her car in my name and did not change the address when she moved. she got a parking charge. but as they did not have the correct address have obtained the county court judgement. Ive never driven the car, insured it, or btained a charge. she recently changed the V5 to her name and hence the letter has turned up.

What can I do. I don't think I should be receiving a CCJ for something I am not responsible for. any help appreciated.

Steveeasy

[Rebz]

That is a minefield.

Doesn't look to me like the parking company did anything untoward, they will have served the registered keeper using the details recorded by the DVLA, there is a legal obligation to keep the DVLA informed of any change of address, let alone keeper and that attracts a potential fine of (I think) £1,000.00.

An application to set judgment aside would bring that to light very quickly and you may have a hard time convincing the Court that the judgment ought to be set aside given the statutory provisions (protection from freedoms act) have been complied with.

[steveeasy]

Thank you Rebz,

To clarify the situation , im the father. the mother registered her car in her sons name. then did not change the address when she moved. she unknowingly had a parking charge. the company have done nothing wrong and have obtained a CCJ for the charge but to the wrong person.

The son does not even now anything about this yet. the person who is responsible is the mother. she may be fined for her errors but surley the son has done nothing wrong at all. Its how it is sorted out. im sure the mother will be more than willing to provide a witness statement and face any penalties.

thank you

Steveeasy

[ploddertom]

I would have thought the answer is no knowledge of the car as never owned etc.

[Rebz]

essentially what you are suggesting and what you would be alleging in an application to set judgment aside, is that judgment should be set aside on the basis of the fraud by a third party, related to the Defendant, and entirely without knowledge of the Claimant.

If you can prove that then you may see the judgment set aside but you will need to prove that the DVLA records were false and even then there is still the potential for the Court to either reject the argument or take the stance that, as much as that sucks, the claim is good and the remedy is to raise an action against the mother for fraud.

Serious consideration need be given to the potentially serious consequences that could stem from that criminal and civil. I suggest independent and properly regulated legal advice on this one. Perhaps the mother could be substituted as Defendant in the proceedings under CPR Part 19?